Divided Argument

By: Will Baude Dan Epps
  • Summary

  • An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
    Will Baude & Dan Epps
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Episodes
  • Separation-of-Powers Police
    Sep 26 2024

    After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme Court. We're joined by NYU law professor Daryl Levinson to talk about his exciting and important new book on constitutional theory, Law For Leviathan: Constitutional Law, International Law, and the State. Listen to learn why the Supreme Court's constitutional pronouncements on separation of powers might not matter as much as you thought—and along the way you'll find out what might happen to Will if he starts breaking into his colleagues' cars at the University of Chicago parking lot.

    Law for Leviathan: https://global.oup.com/academic/product/law-for-leviathan-9780190061593?cc=us&lang=en&

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    1 hr and 13 mins
  • Not the Best Founder
    Aug 9 2024

    We take a long last look at two more end-of-term cases, where the Court made news with what it did NOT decide: Moyle v. United States (the abortion/EMTALA case), and Moody v. Net Choice (state regulation of social media). But first, a bit of debate about some prominent figures in constitutional history.

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    1 hr and 17 mins
  • Hype Music
    Aug 5 2024

    Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United States, which addressed the scope of Congress's constitutional power to tax.

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    1 hr and 3 mins

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Informative but one of the hosts is mean

I have been listening since the podcasts started now over a year ago. Most episodes focus on one or more recent Supreme Court decisions. The hosts (both former Supreme Court clerks and now law professors) do a good job explaining the legal background and the reasoning of the majority, concurrences and dissents in the cases. Especially host Will Baude is always on top of things and just a delight to listen to. Less positively received is the performance of the second host who is often unnecessarily mean to Mr. Baude. Mr. Epps makes fun of Mr. Baudes arguments (e.g. on the positive law of the 4th amendment) and belittles his ideas. This creates a very tense atmosphere and is definitely not conductive to the learning and listening experience.

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